Kalawati Devi @ Kamlawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70051 of 2018 Arising Out of PS. Case No.-219 Year-2016 Thana- BARAULI District- Gopalganj ====================================================== Kalawati Devi @ Kamlawati Devi, W/o Vigan Mahato, All are R/o VillageMohhamadpur Nirmal Tola, PS- Baruily, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Kant For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the IPC. The prosecution case as per the written report of Ram Prakash Mahto submitted to the SHO, Barauli Police Station is to the effect that he got his daughter Rambha Devi married with the co-accused Santosh Mahto in the year 2010. It is alleged that after the marriage, the accused persons demanded further dowry of a motorcycle, a colour television and cash amount of Rupees Fifty Thousand and due to non-fulfillment of the same, mental and physical torture was inflicted upon the daughter of the informant by the petitioner along with other accused persons. It is further alleged that on 11.11.2016 at 5.00 P.M. the informant received information that his daughter has been killed

Patna High Court Cr.Misc. No.70051 of 2018(2) dt.05-12-2018 2/2 by the accused persons whereupon he along with his neighbours went his daughter's in-laws house but no one was found there and on enquiry they found out about the death of the victim. It is submitted by learned counsel for the petitioner that the husband of the victim has been granted default bail under section 167(2) of Cr.P.C.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that thrust of accusation is against the husband of the victim, who has been granted bail, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Barauily P.S. Case No.219 of 2016 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U